Good Samaritan Laws and Medical Malpractice

Legally, a Good Samaritan refers to someone who renders aid to an injured person in an emergency on a voluntary basis.  That volunteer does owe the person they're rendering aid to a duty of being fairly cautious. Someone isn't required to offer first aid in most states, unless it is part of their job description, however if someone does not at least call for help, some states will consider it an act of negligence.

Good Samaritan laws apply to anyone who renders emergency care or first aid in the scene of an accident, injury or illness, or disaster. This includes EMS personnel, fire fighters, police officers, and even off-duty doctors. While the level of medical wisdom and skill will differ from person to person, the law extends its protection to anyone who falls under its umbrella.

These laws are crucial, since fear of legal repercussions could make many bystanders afraid of stepping in to help an injured or ill individual. For instance, someone is walking on a beach and sees a person in trouble while swimming in the ocean. The good Samaritan goes in and saves the swimmer, brings the unconscious individual to the beach and starts chest compressions, saving his life. Regrettably, during chest compressions, several of the casualties ribs were broken (a fairly common event).  Good Samaritan laws would prevent the victim from suing the rescuer, even though he sustained injuries.

There are a few circumstances where Good Samaritan laws to not apply. If a victim is conscious and verbalizes that they do not want help, their wishes must be respected even if it looks like aid is required. A bystander can help on the grounds of implied consent, if a victim is unconscious and cannot respond. Crises that occur in hospitals or other healthcare facilities, where care is offered by men and women during their routine employment (physicians, nurses, etc.) do not fall under Good Samaritan laws. 

Laws vary in each individual local and state region, so it is vital that you get familiar with the laws where you reside, work and possibly even vacation.

To find out more on medical malpractice and also the law, contact us today!

Female Viagra Recommended for Approval

After three tries, the FDA Advisory Panel recommends approval of Flibanserin, also called “female Viagra” or “the little pink pill”.  Flibanserin has been recommended for approval for the treatment of Female Sexual Interest/Arousal Disorder (FSIAD).  This disorder is diagnosed in the absence of another cause and includes a persistent absence or deficiency in sexual fantasies and desire that causes distress or interpersonal difficulties.

Initially, Flibanserin was studied in 2006 as an antidepressant.  It acts to decrease serotonin and increase norepinephrine and dopamine in the brain.  This is quite different to how Viagra works by altering the blood flow to the penis during sexual arousal.  Flibanserin was not effective as an antidepressant, but had an unexpected side effect on sexual desire in women only in the study.

Additional studies designed to calculate the degree of effect on sexual desire, decrease in distress, and the number of satisfying sexual events per month showed statistically significant improvement in desire and an increase of 1 additional sexually satisfying event per month.

The primary side effects include dizziness, fatigue, sleepiness, and fainting episodes.  The studies on this medication have only included healthy premenopausal women in a very selected environment. The FDA was concerned that the risks outweighed the small amount of benefit and denied the applications for approval on two earlier occasions.

Concerns remain about the use of Flibanserin in combination with other drugs and a study in mice that showed a possible increase of breast cancer.  The longest study to date was only 18 months, not long enough to conclusively find any breast cancer risk in a relatively young age group of women.

On June 4, 2015, the FDA Advisory Panel recommended the drug for approval.  They also strongly recommended training for physicians and pharmacists on prescribing of the medication.  Black box warnings were also recommended concerning the use of alcohol and other medications in combination with the drug.

The FDA generally follows the Advisory Panel recommendations, however not always.  It is possible that the FDA will override the recommendations and deny approval for a third time.  A decision is expected in the next few months.

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Medical Malpractice or Bad Service?

We have all had a bad experience in the doctor's office whether it's the forgotten prescription a rude secretary, or the harried appointment. Now, medicine appears to be increasingly impersonal and unfriendly, but what actually makes up malpractice?

Standard of Care
If the care received significantly differs from the standard of care which other providers in exactly the same specialty or scenario would offer then it may be malpractice. For this reason, medical malpractice cases require testimony from an expert witness who is able to define that standard of care.

Damages
We have a tendency to believe that lawsuits automatically create hundreds of thousands of dollars in awards. Nonetheless, a lawsuit is supposed to cover damages that have been incurred. If there were no damages from the medical malpractice, then there's little motive to file a lawsuit. Even if the physician's behavior is upsetting or unprofessional, unless there were damages incurred, there is no reason to sue. For example, if a doctor prescribes a medication that you think you're allergic to, but you endure no allergic reaction, there is no reason to sue.

Near Miss or Medical Malpractice
Medicine is not a cut and dry science of absolutes, it is also an art. One must demonstrate that malpractice occurred, not that it nearly occurred, for it to be malpractice. For instance, if your doctor prescribes the wrong medication but corrects it before you take the drug, then you are not the victim of malpractice.

Bad Service Can Become Malpractice
When lousy customer service endangers your well-being it might be considered malpractice.  A rude receptionist or a long wait time is only malpractice if it endangers your health. An ER physician that dismisses your symptoms of internal bleeding or fails to correctly diagnose or treat anaphylactic shock has probably committed malpractice. In addition, if a doctor fails to get informed consent that may also lead to a lawsuit.

Many other types of recourse exist if you have a bad experience with a health care professional. Word of mouth, complaint letters, and online reviews are very strong remedies. Ensure your criticisms are exact or else you could end up at the wrong end of a defamation lawsuit.

Contact us today with all your medical legal needs!

The Forensic Evaluation of a Stab Injury

Developments in Forensic Medicine have provided real tools to assess the nature of any injury leading to the truth in almost any situation where a person has suffered from an injury.

An injury sustained as the result of the plunging of a sharp object into the body is considered a ‘sharp force injury’ or ‘stab wound’. Forensic specialists are highly qualified to analyze and assess the exceptional qualities of a stab wound and differentiate them from other kinds of injuries.

Stab wounds are usually classified by the following exceptional characteristics: span of cut on the surface is less compared to the depth of the wound; clean cut borders; one end of wound will have a pointed edge while the opposite end will have a fish tail appearance; the shape of the weapon may be arrived at by joining together the edges of the wound revealing the cross section of the weapon; and the direction of the wound will demonstrate notching caused by the motion of the body relative to the movement of the weapon.

Medical issues associated with stab wounds may be quite complicated. Outside hemorrhage is the most visible, but heavier trauma in deeper tissues is significantly more serious. Many infections can be due to this kind of injury in addition to an air embolism which can cause other medical problems in the entire body. Many of these wounds are concealed or puncture wounds which often don't reveal any external markings.

The evaluation of a stab wound can show many facts critical to an investigation and an appropriate judgment. The category of the weapon and the kind can be discovered. Physical features of the perpetrator and chronological events can be determined by the force of impact. Likely relative locations of the victim and perpetrator in addition to the age of the injury can also be discovered. Finally, the character of the harm whether it was suicidal, homicidal or unintended, can be deduced by the direction, location and amount of wounds.

MediPro Solutions will provide you with reputable medical and legal consulting. Hunt no more if you are in need of an expert in medical malpractice. Get in touch with trustworthy professionals that can help you at any moment!

5 Tips for HIPAA Compliant Technology

 HIPAA (The Health Information Portability and Accountability Act) was designed to protect the privacy of individually identifiable health information.  The complexity of protecting that information is growing as government mandated moves to increase Meaningful Use of Electronic Health Records (EHR) enter Stage 2 in 2015. 

Regularly updating your security protocols will help to protect your practice from break-ins or accidental breaches.  Below are some ways to help your Electronic Health Records stay HIPAA compliant and secure.

1. Initial Risk Assessment.  An initial risk assessment can help you determine where the sensitive EHR is being stored and how it is accessed.  This allows you to find potential areas of weakness and take steps to reduce existing risks.
2. Encrypt Electronic Protected Health Information (ePHI).  Properly encrypted date is protected even if other safeguards fail. Data encryption is necessary to prevent improper disclosures of ePHI. 
3.  Utilize Secure Servers.  Only authorized staff should have access to servers and they should be password-protected or secured with public key authentication.  Encryption is the first line of defense, but ensuring that servers where ePHI is stored are both physically and virtually secured is also crucial. 
4.  Do Not Allow the use Portable Drives for ePHI.  A portable drive can be easily misplaced or stolen. 
5. Limit Access.  Staff should only be able to access ePHI that is critical to their ability to perform their job and they must be properly trained on HIPAA compliance. Employee access to workstations and software must be limited with authorizations, passwords, and clearance levels. 

Securing electronic personal health information is a must to maintain HIPAA compliance.  Start byconducting a risk assessment today!

Operation Pilluted

Operation Pilluted is the biggest ever prescription drug crackdown conducted by the Drug Enforcement Administration (DEA). On May 20, 2015, 280 individuals were arrested including 22 physicians and pharmacists. Those detained have been indicted in federal court and, if they are convicted, will serve sentences in federal penitentiary.

The goal was to stop the "pill mills" that unlawfully provide commonly abused narcotics for example Vicodin, OxyContin, and Valium. The arrests occurred in Arkansas, Alabama, Louisiana, and Mississippi and came at the end of a 15 month long investigation into the illegal distribution of controlled substances.

Prescription drug abuse in the United States has reached epidemic levels.  The Centers for Disease Control and Prevention has declared that since 1999, the number of prescription painkillers prescribed in the US has almost quadrupled and 44 people per day die from prescription drug overdoses.

Healthcare professionals are critical in controlling this epidemic because unlawful prescribing practices are among the main factors in the growth of prescription drug abuse.

Operation Pilluted clearly demonstrates that the law is being broken by some healthcare professionals as a way to profit from this growing epidemic. Pill mills can be a very lucrative business that some, unfortunately, cannot resist.

The healthcare industry, in addition to state medical licensing boards, must remain alert and assist in solving this health issue.

Contact us anytime with questions or comments!

The Strange Case of Dr. Henry Cotton

An activist who worked to help for low-income mentally ill people, Dorothea Lynde Dix, founded the Trenton Psychiatric Hospital in 1848 in New Jersey. Psychiatrist Henry Andrew Cotton became the head of the facility in 1907.

His purpose was not merely to care for these clients with psychiatric conditions, but to cure them. He believed there was a connection between microbiology and psychiatry, a newly discovered area of medicine at that time. New studies were considered to show bacteria and infection as the real cause of numerous conditions. Using his position at the hospital, Cotton used and tested “surgical bacteriology” which he thought would cure mental problems.

Cotton thought that to stop mental illness, which was the consequence of infection, it was necessary to surgically eliminate the source of the infection. Upon taking the job at the Trenton Hospital, his beliefs were reinforced by what he saw--the agony and filth the individuals were in and the abuse of the individuals by the guards and staff.

Most of the patients had rotted teeth and Cotton assumed that bacteria was invading the patient’s bodies through these rotten teeth and causing their psychological problems. Cotton started extracting their teeth in an attempt to cure them. When the patients did not get better, he simply removed more teeth.

He believed the disease may be cured if there is no infection left in the body so he moved to taking out tonsils, and other parts of the body also. Many patients died, but he considered the deaths to be a normal result of the treatment.

Cotton was ultimately brought under review because of the high mortality rate at the hospital. He was eventually forced to leave the facility and due to that, had his teeth removed along with his wife’s teeth and also the teeth of his two kids.

He continued to do surgeries and spread his revolutionary ideas. He conducted colectomies on children to prevent mental illness and prevent bad habits and masturbation.

Fortunately we live in a time where removing parts of the body isn’t the source of psychiatric malpractice! We would love to hear any wacky medical malpractice stories you may have. Contact us today!

Medical Malpractice Settlements: How They Work

How do medical malpractice settlements work?  It depends on the laws of the state in which the alleged malpractice took place and the facts of the actual case. Most doctors are willing to settle to avoid uncertainty and the risk of a trial.

Negotiations for a settlement usually occur between the plaintiff and their lawyer, the defendant and their lawyer, and also the insurance company's lawyers. It may be very complex and lengthy or as easy as cutting a check. Economic damages are easy to quantify, yet suffering and pain is usually not easy to negotiate.

The physician can take her or his risks and go to trial. An attorney can help a physician get a clearer idea of the way in which a jury might see the facts of the case. Additionally, the physician's insurance company may have a mandatory maximum settlement payment after which they'll take their chances in court so going to trial may be the only option. A physician can be dropped entirely from coverage for any settlement a physician consents to or can see in an increase in malpractice premiums.

Settlements frequently contain nondisclosure agreements in which both parties agree to keep the terms confidential. This can benefit the doctor by protecting her or his reputation, however it doesn't reveal to possible patients whether a doctor was involved in a malpractice suit. There needs to be a way to discuss problems that lead to alleged medical errors without damaging capability to practice medicine or a doctor's standing.  Transparency is necessary to address patient safety issues and review medical errors to prevent them in the future.

Contact us today for more information!

False Hope: Is It Malpractice?

How much would you want to be told by your doctor if you were diagnosed with a terminal disease? The communication of such a diagnosis, for example cancer, is one of the worst things any doctor has to cope with, but can giving false hope lead to malpractice?

Perhaps an ethical doctor should communicate the unembellished factual truth. This gives the patient time cross several things off their bucket list, to get their affairs in order, and go through the stages of grief. The patient's loved ones must also be advised so they can offer assistance and support to the dying individual.

Another theory contends that a dying patient shouldn't be told right away he or she is facing impending death. This may spare the patient a lengthy period of despair and anxiety. Moreover, she or he could be one of the small percentage of people who actually overcome the odds and survive their disease. This strategy has obvious downsides.

Oncologist, Dr. James Salwitz, relates the story of a cancer patient who'd not been told of the seriousness of her affliction. As her cancer spread, her first oncologist told her that she had nothing to worry about. However, by the time she saw Dr. Salwitz for a second opinion, she had only weeks to live. She was outraged that she had been kept in the dark and she believed she would have lived her life differently had she known she was dying. Her first oncologist justified his decision by saying that her last months would be hopeful and happy.

Another doctor, Stanislaw Burzynski, claims he can cure half of the cancer patients who get his treatment, which utilizes sodium-rich drugs taken directly from blood and urine, but now created synthetically. For $25,000 he will treat terminally ill cancer patients with this dubious drug. Some of his patients swear they were cured by the treatment, nevertheless the FDA has found no evidence that even one patient has been cured by it.

Is giving false hope considered malpractice? In the first case it could be, depending on the way the judge or jury see it. In the case of Dr Burzynski, if it is found that he's taking money from desperate people in exchange for an ineffective treatment, what he is doing would not only be medical malpractice, but also fraud.

For more information contact us.